Scottish Executive

Birds

Alex Johnstone (North East Scotland) (Con): To ask the Scottish Executive whether it will ensure that the time taken to assess whether to award a licence to protect stock from bird predators available through derogations in the European Union’s Birds Directive is reduced as much as possible.

Allan Wilson: All applications for licences will be dealt with as quickly as possible consistent with the need for proper consideration of all the relevant issues raised.

Countryside and Wildlife Act 1981

Dr Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive what conditions require to be met before a license to control sparrow-hawks under the Countryside and Wildlife Act 1981 can be granted.

Allan Wilson: The Scottish Executive may grant licences only for specified purposes, such as in the interests of public health and safety, where there is serious damage to crops, livestock, forests, fisheries and water interests or for the protection of flora and fauna. A licence can only be granted when the Executive is satisfied that the purpose of the licence falls under one of the derogations listed in Section 16 of the Wildlife and Countryside Act 1981, that there is no other satisfactory solution, and all other methods have been tried to resolve the applicant’s problem prior to making a licence application.

  The relevant legislation is Article 9 of the Council Directive on the Conservation of Wild Birds (79/409/EEC), "the Birds Directive", which is transposed into UK legislation by Section 16 of the Wildlife and Countryside Act 1981.

Environment

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive, further to the answer to question S1W-21756 by Ross Finnie on 14 January 2002, which areas are designated nitrate vulnerable zones (NVZs); what guidance and grant assistance has been issued to farmers on NVZs, and what the results of the monitoring of river water quality have been in each of the last five years, broken down by river.

Ross Finnie: Four areas were designated as nitrate vulnerable zones (NVZs) on the basis of nitrate concentrations in groundwater: Moray, Aberdeenshire, Banff and Buchan; Strathmore and Fife; Lothian and Borders, and Lower Nithsdale: they comprise 14% of the land area of Scotland. A detailed guidance pack was issued to all farmers in the NVZs in 2003, and the NVZ Grant Scheme provides assistance for installing or improving livestock slurry or manure storage systems or silage effluent tanks. The river water results in the NVZs over the past five years, shown as the number of surface monitoring sites within set ranges of average concentrations, are as follows:

  

NVZ Area*
mg/l nitrate
1999
2000
2001
2002
2003


Moray, Aberdeenshire, Banff, Buchan
0-25
13
13
13
13
12


Moray, Aberdeenshire, Banff, Buchan
25-40
4
4
4
4
5


Moray, Aberdeenshire, Banff, Buchan
= 40
0
0
0
0
0


Strathmore, Fife
0-25
16
15
18
18
18


Strathmore, Fife
25-40
6
6
7
7
9


Strathmore, Fife
40-50
5
5
3
3
1


Strathmore, Fife
= 50
1
2
0
0
0


Lothian, Borders
0-25
15
15
16
15
16


Lothian, Borders
25-40
4
4
3
4
3


Lothian, Borders
= 40
0
0
0
0
0


Lower Nithsdale
0-25
1
1
1
1
1



  Note: *In some NVZs the data represents more than one site on a single river.

External Relations

Dennis Canavan (Falkirk West) (Ind): To ask the Scottish Executive how much funding it has allocated for consultation and research as part of its campaign to promote Scotland’s international image and how this funding will be broken down.

Mr Andy Kerr: An overall budget of £4 million has been allocated for 2004-05. This is a long term initiative and no fixed proportion of the budget has been allocated to research and consultation.

Holyrood Project

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive, further to the answer to question S2W-8985 by Patricia Ferguson on 5 July 2004 on the provision of information to the Holyrood Inquiry before 1 September 2003, why material has been provided to the inquiry relating to the factual position of the Holyrood project after 1 September 2003, such as inquiry document SE 9 218 on landscaping; whether it will now place copies of reports made by the Chief Executive of the Crown Office and Procurator Fiscal Service and Head of Legal and Parliamentary Services to the Executive, any individual minister and the First Minister in the Scottish Parliament Information Centre; whether it remains Executive policy that, in respect of the Holyrood Inquiry, no questions must remain unanswered; where in the remit of the inquiry there is reference to 1 September 2003; why, if that date is of significance for the inquiry, it is not treated as significant in the report prepared for the Auditor General, Management of the Holyrood building project, and what the reason is for stating in that answer that the non-disclosure of reports by the Chief Executive of the Crown Office and Procurator Fiscal Service and Head of Legal and Parliamentary Services to the Executive after August 2003 was normal practice.

  The member has provided the following Gaelic translation:

  S2W-9600 Fearghas Ewing (Inbhir Nis an Ear, Inbhir Narann agus Loch Abar) (SNP): A dh’ fhaighneachd do Riaghaltas na h-Alba, as dèidh dhaibh ceist S2W-8985 le Patricia Nic Fhearghais air 5 Iuchar 2004 a fhreagairt mu sholaradh fiosrachaidh do Rannsachadh Taigh an Ròid ro 1 Sultain 2003, carson an deach fiosrachadh a sholaradh dhan Rannsachadh a thaobh fìor shuidheachadh Taigh an Ròid as dèidh 1 Sultain 2003, mar eiseimpleir foillseachadh an rannsachaidh SE 9218 mu ghàirnealaireachd; ma bheir e lethbhreacan de dh’ aithisgean, air an dèanamh le Àrd-oifigear Oifis a' Chrùin agus Seirbheis Luchd-casaid a' Chrùin agus Ceannard Sheirbheisean Laghal agus Pàrlamaideach dhan Riaghaltas, le ministear sam bith agus leis a’ Phrìomh Mhinistear anns an Ionad Fiosrachaidh Pàrlamaid na h-Alba (SPICe); mas e poileasaidh Riaghaltas na h-Alba fhathast, a thaobh Rannsachadh Taigh an Ròid, gum bu chòir do na ceistean uile a bhith air am freagairt; far a bheil sgeul ann mu 1 Sultain ann an raon-ùghdarrais an Rannsachaidh; carson, ma tha cudthrom sam bith air a’ cheann-latha seo airson an Rannsachaidh, nach eilear a’ làimhseachadh mar rud cudthromach anns an aithisg air ullachadh dhan Àrd-neach-sgrùdaidh, Stiùireadh Pròiseact Togalach Taigh an Ròid, agus dè an t-adhbhar a tha ann a dh’ innse anns an fhreagairt sin gur e dòighean-obrach abhaisteach a bh’ annta nuair nach deach na h-aithisgean fhoillseachadh le Àrd-oifigear Oifis a' Chrùin agus Seirbheis Neach-casaid a' Chrùin agus Ceannard Sheirbheisean Laghal agus Pàrlamaideach dhan Riaghaltas

Patricia Ferguson: Document SE/9/218 on the Holyrood Inquiry website has been recorded incorrectly as dating from February 2004. As the text of the document makes clear, the document is dated 26 October 2001.

  The remit of the inquiry does not refer to 1 September 2003. However, that date is significant to the extent that it is the date on which the agreed terms of reference and letter of appointment to conduct the inquiry were issued to Lord Fraser. The Executive lodged copies of documents relevant to Holyrood Progress Group meetings up to 15 August 2003, being the date of the last report to ministers prior to 1 September, taking the view that that date was appropriate in relation to the terms of reference as being the date from which the inquiry commenced. That course of action has met with no objection or request for further information from the inquiry.

  It is for the Auditor General to determine the bounds of relevance in investigations just as it is for Lord Fraser to determine what he considers to be relevant material for consideration by him. The Executive continues to co-operate fully with the inquiry.

  The Executive has provided the following Gaelic translation:

  Chaidh mearachd a dhèanamh ann an clàradh ceann-là an Sgrìobhainn SE/9/218 air Làrach-lìn Rannsachadh Holyrood mar Gearran 2004. Mar a tha teacsa an sgrìobhainn a’ dèanamh soilleir, ‘s ann bho 26 Dàmhair 2001 a tha an sgrìobhainn.

  Chan eil raon-ùghdarrais an rannsachaidh a’ beantainn ri 1 Sultain 2003. Ach, tha an ceann-là seo sònraichte leis gur e an ceann-là air an deach na cumhachan iomraidh aontaichte agus an litir cur-an-dreuchd airson an rannsachadh a stiùireadh a lìbhrigeadh don Mhorair Friseal. Chuir an Riaghaltas a-steach lethbhreacan de sgrìobhainnean a bha a’ beantainn ri coinneamhan HPG suas chun 15mh Lùnastal 2003, oir b’ e seo ceann-là na h-aithisg mu dheireadh gu na Ministearan ro 1 Sultain, a’ gabhail ris a’ bheachd gun robh an ceann-là sin iomchaidh a rèir nan cumhachan iomraidh mar an ceann-là air an do thòisich an rannsachadh. Cha deach gearan no iarrtas airson tuilleadh fiosrachaidh iarraidh on Rannsachadh mar thoradh air a’ ghnìomh sin.

  ‘S e an Àrd-neach Sgrùdaidh a dhearbhas crìochan buntainneas ann an rannsachaidhean dìreach mar a tha e an urra ris a’ Mhorar Fhriseal dearbhadh dè a tha esan a’ meas a tha na stuth buntainneach air am bu chòir dhàsan beachdachadh. Tha an Riaghaltas a’ leantainn air a’ làn cho-obrachadh ris an Rannsachadh.

Justice

Donald Gorrie (Central Scotland) (LD): To ask the Scottish Executive how many people have been (a) reported to the Procurator Fiscal, (b) taken to court and (c) convicted of the offence of acting as an agent for a person under 18 to purchase alcohol in the last year for which figures are available.

Colin Boyd, QC: During the financial year 2003-04 there were 235 accused reported to the procurator fiscal for a total of 268 charges under section 68(3) of the Licensing (Scotland) Act 1976. Of those 268 charges, 99 charges have been prosecuted in court resulting in 63 convictions to date. In addition, 99 charges have been disposed of by the use of alternatives to prosecution.

Justice

Mr David Davidson (North East Scotland) (Con): To ask the Scottish Executive what assurances it can give that fatal accident inquiries involving people with learning disabilities are dealt with in a fair manner that is consistent with the approach to other fatal accident inquiries.

Colin Boyd, QC: Fatal accident inquiries are conducted on my authority by Procurators Fiscal. The Crown Office and Procurator Fiscal Service is committed to dealing in a fair and consistent manner with victims and witnesses who have learning disabilities, whether the process relates to a prosecution, a death investigation, or more specifically, a fatal accident inquiry.

Smoking

Mr Stewart Maxwell (West of Scotland) (SNP): To ask the Scottish Executive what plans it has to make all government buildings smoke-free and to end the provision of smoking rooms, similar to the ban on smoking in government departments in Northern Ireland and the Northern Ireland Office, excluding prisons.

Mr Andy Kerr: The Scottish Executive will introduce a smoke-free policy within all Scottish Executive occupied buildings on 30 August 2004. All internal smoking rooms will be closed on this date.

Sport

Christine Grahame (South of Scotland) (SNP): To ask the Scottish Executive which sporting bodies received funding from (a) sportscotland and (b) other sources in each of the last five years and how much was allocated in each case

Mr Frank McAveety: This information is published in  sportscotland’s Annual Reports and Annual Lottery Sports Fund reports. Copies of these can be obtained from  sportscotland and/or accessed online via the  sportscotland website, www.sportscotland.org.uk .

  We do not have the information on what awards were made to sporting bodies by sources other than sportscotland over the last five years.

  If the member wishes information about a specific body or category of body, sportscotland would be pleased to assist if it can.